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Listed for 1.5 days from this morning is the appeal of Teal Assurance Company Ltd v W R Berkley Insurance (Europe) Ltd & Anor. This dispute relates to the various layers of insurance contracts which cover the professional indemnity of a group of architects and engineers. The Supreme Court will determine the order in which claims exhaust the layers of cover which make up a “tower” of professional liability insurance. For more information the case details are available here.
On Wednesday 19 June 2013 is the matter of R (Modaresi) v Secretary of State for Health. The appellant was detained under the Mental Health Act 1983 s 2; and applied to the First-tier Tribunal to challenge this decision, but it was held that the limitation period had been exceeded. The respondent refused to exercise his discretion under s 67 of the Act to refer the matter to the Tribunal on the grounds that other avenues of appeal were open to the appellant – by then she was being detained pursuant to s 3 and could make an application in respect of this detention, and if the tribunal were to uphold her detention, a further request under s 67 would be considered. The Supreme Court will determine the lawfulness of the respondent’s refusal.
On Wednesday 19 June 2013 the Supreme Court will hand down judgment in the following: Bank Mellat v Her Majesty’s Treasury (Nos. 1 and 2); Cusack v London Borough of Harrow; Smith & Ors v The Ministry of Defence; Ellis & Anor v Ministry of Defence; and Allbutt & Anor v The Ministry of Defence.
There are two Privy Council hearings: from Monday 17 until Wednesday 19 June 2013 is the matter of Lundy v The Queen, on appeal from the Court of Appeal of New Zealand. The Judicial Committee will determine whether the appellant, a man convicted for the murder of his wife and daughter, suffered a substantial miscarriage of justice stemming from the jury’s consideration of evidence in terms of the Crimes Act 1961 (NZ) s 385(1)(c).
On Thursday 20 June 2013 are the linked Bermudian appeals of Selassie v The Queen and Pearman v The Queen. Both appeals relate to criminal sentencing – in Pearman the issue is whether the trial court was entitled to impose on the appellant, in addition to a sentence of life imprisonment, a minimum term before possible release in excess of fifteen years; and in Selassie the issue is whether a maximum term that must be served before release in life sentences exists, and whether that term is unconstitutional.
The following Supreme Court judgments remain outstanding:
Benedetti v Sawiris & Ors, heard 26 – 28 February 2013.
R v Brown, heard 7 March 2013.
Abela & Ors v Baadarani, heard 10 – 11 April 2013.
Booth v The Parole Board, Osborn v The Parole Board and In the matter of an application of Reilly for Judicial Review (Northern Ireland), heard 16 – 18 April 2013.
Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd), heard 29 – 30 April 2013.
R (AA) v Secretary of State for the Home Department, heard 6 – 7 May 2013.
R (Sturnham) v Parole Board for England and Wales & Anor, heard 9 May 2013.
Apollo Engineering Ltd v James Scott Ltd , heard 13 May 2013.
Re Nortel Companies; Re Lehman Companies; and Re Lehman Companies (No 2), heard 14 – 16 May 2013.
Re an application by Central Craigavon Ltd for Judicial Review, heard 15 May 2013.
North & Ors v Dumfries and Galloway Council, heard 20 – 21 May 2013.
R v Hughes, heard 5 – 6 June 2013.
R (New London College Ltd) v Secretary of State for the Home Department, and R (West London Vocational Training College) v Secretary of State for the Home Department, heard 5 – 6 June 2013.
R (Chester) v Secretary of State for Justice, and McGeoch v Lord President of the Council & Anor, heard 10 – 11 June 2013.
Kapri v Lord Advocate representing the Government of the Republic of Albania, heard 13 June 2013.